Building Safety Act 2022 (“BSA”) Documents and Guidance

The BSA and key secondary legislation including the Building Regulations etc. (Amendment) (England) Regulations 2023 and the Building (Higher-Risk Buildings Procedures) (England) Regulations 2023 have been fully in force for some time now. However, there remains little guidance from the government as to how they would like the new legislation to be applied. Similarly, industry bodies have not provided much in the way of documentation or guidance.

The new procedures are complex and detailed, and those who are subject to the BSA need to understand them. Fairly significant revisions to their standard documents and processes will be required to ensure compliance with the BSA.

Here are some examples of how we have been assisting our clients in this regard:

• Standard Terms – adding key provisions to reflect the BSA;
• Standard Sub-Contracts – adding key provisions to reflect the BSA;
• Principal Designer Appointment – drafting standard terms to address the key risks of the Principal Designer role;
• Advisor to Principal Designer Appointment – drafting standard terms for the appointment of a sub-contractor to assist the Principal Designer perform its role;
• Bespoke Contracts – advising on the BSA elements of bespoke contracts and/or Principal Designer/Principal Contractor appointments;
• BSA Riders – providing key “riders” to include in appointments to reflect the BSA;
• Term Sheets/Fee Proposals – drafting initial terms sheets and/or fee proposals setting out key points in relation to the BSA duties and key caveats;
• Client Letters – drafting standard letters to clients to confirm they are aware of their obligations under the BSA (as is an obligation of any designer under the BSA);
• Sub-Contractor Letters – drafting standard letters to sub-consultants/sub-contractors to confirm that they are aware of their obligations under the BSA and are competent;
• Competence Declarations and Compliance Statements – drafting standard form versions of these documents which arise under the BSA;
• Building Safety Act Policy – drafting policies demonstrating processes and procedures to reflect the BSA (to reflect the competency requirements for organisations);
• Internal Guidance – preparing internal guidance notes on the key implications of the BSA;
• BSA Checklist – drafting internal checklists to use, setting out the various steps under the BSA;
• FAQs – answering ad hoc questions from our clients; and
• Training – providing internal training presentations on the BSA.

Please feel free to get in touch if you have any specific questions around the BSA or require assistance pulling together any of the documents/guidance mentioned above. We also have guidance on changes and developments introduced via the BSA on our Building a Safer Future Hub.